« EelmineJätka »
(Ireland) Rules 1909, which seems to suggest that a memorandum of an implied agreement could not be recorded, wa, ultra vires and invalid. It appeared that the workman had been injured on the 7th Aug 1909. Notice of the accident was served on the 16th Aug., and the respondents had paid compensation at the rate of 93, 100. a week up to the present time. On the sth Nov. 1910 a memorandum of an agreement was sent to the clerk of the Crown and peace by the applicant with a request that the same should be recorded. This memorandum was signed by the applicant and was not signed by the respondents, nor was any agreement lodged or exhibited. The memorandum set out the workman's age at the date of the accident, his average weekly earnings, the nature of the injury, the payments that he had received from his employers, and a statement that the employers should pay to the workman the weekly sum of 98. 10d. during bis total inoa pacity for work. The Recorder of Belfast refused the application to record the memorandum--first, on the ground that there was no written agreement duly executed ; and, secondly, that if a memorandum of an implied agreement could be recorded, no implied agreement containing all the terms set out in the memorandum could be implied from the acts of the parties. The Court of Appeal, without deciding whether ap implied agreement could or could not be recorded. held tbat the memorandum in question contained terms that could not be implied from the acts of the parties.
Mr. Justice Channell agreed, and in doing so said : “A custom is what is so well known and understood that in transacting business it is unnecessary to mention it, because it is so well known that it must be taken to be incorporated in every contract, unless something to the contrary is said.
The question as to the existence of a custom is a question of fact, and it is necessary to prove the custom in each case, until eventually it becomes so well understood that the courts take judicial notice of it.”
The time has arisen, twelve and a half years later, for the courts to take judicial notice of the custom. In George v. Davies (noted ante, p. 623) his Honour Judge Bacon took judicial notice of it, stating that he had done so in previous cases.
This being a finding as to a fact, the Divisional Court, consisting of Mr. Justice Bray and Lord Coleridge, upheld the decision of the County Court judge, and henceforth this must be reckoned as an implied term of a contract for domestic service, unless the parties agree to omit it.
In Moult v. Halliday it was also alleged that there was a custom under which if the servant left at the end of the first month he (or she) was entitled to have the character with which he (or she) came handed on to the next master or mistress. Both learned judges held this to be unreasonable, so that it is not likely that judicial notice will be taken of this alleged custom. It is believed that servants, who have been dismissed without sufficient cause and without a month's notice, often successfully claim board wages. There appears to be only one decision on this point, and that was in a case at the Liverpool Summer Assizes in 1859 (Gordon v. Potter, 1 F. & F. 644). Mr. Justice Hill, in somming up, told the jury that if the cook had been guilty of moral misconduct she would not be entitled to any wages which had not accrued due before the drunkenness, nor to any wages in advance ; " but that if they thought there was not sufficient evidence of the drunkenness, they must give as damages the accruing wages up to the time when she was discharged, and a calendar month's wages in addition—without board wages—as a master had a right to discharge a servant simply by payment of a month's wages, in addition to the accruing wages up to the time of discharge.” It may be argued that this is unfair to the servant, as she would have had board and lodging if she had not been wrongfully discharged, but it must be remembered that she is doing no work for her late master and might obtain a new situation in the next day or two.
According to Mr. C. V. Smith's treatise on the Law of Master and Servant (6th edit., p. 57), it is perfectly clear that if a servant wrongfully quits his master's service he forfeits all claim to any wages for the part of the current year for which he has served, and cannot claim the balance after deducting a month's proportionate part. The learned editor defends this seeming harshness, on the ground that the servant has only to give notice and pay or agree to allow the master to deduct a month's wages, and then he can leave at once if he desires to do so.
The decision of the Court of Appeal in Waters v. Lloyd is of interest as showing the difference between the law in England and Ireland as to the rights of mortgagees. No principal or interest had been paid. by a mortgagor for twelve years, but during the pendency of the twelve years an agent of the mortgagor had given an acknowledgment to the mortgagee. Subsequently the lande were sold in an administration action,
and the mortgagor claimed payment of his debt out of the purchase money. It was argued in support of that claim that although the mortgagor was debarred from bringing an action or suit to recover the lands inasmuch as no acknowledgment had been given sufficient to keep his claim alive by virtue of sect. I of 37 & 38 Vict. o. 57, still an acknowledgment by the mortgagor's agent had the effect of preserving the rights of the mortgagee under 800 t. 40 of the Real Property Limitation Act 1833 and seot. 8 of the Act of 1874. It was argued, on the other hand, for the mortgagor that the claim made by the mortgagee was in substance an action for the recovery of the land within sect 1 of the Act of 1874, and that as soon as the remedy against the lands was barred, the remedy given by sect. 8 had gone too. The Lord Chancellor in giving judgmont referred to the difference in the law in England and Ireland : The remedy by sale was quite distinct in character and consequence from an action of foreclosure. In Ireland by sale there was a recovery oply of the money due on the mortgage, and the surplus proceeds belonged to the mortgagor. By foreclosure the equity of redemption. passed to the mortgagor; he got the subject matter in specie for bis debt.” He then proceeded to point out that the remedy by fore. closure did not exist in Ireland. Accordingly it was decided tha: there was no reason why the mortgagee, as the remedy he was claiming was not of the nature of foreclosure or recovery of the land, should not get the benetit of sect. 8 of the Act of 1874.
A MATTER of professional interest has arisen in a number of the Irish petty sessional courts that is about to receive consideration by the High Court. Some time ago a number of complaints were made by boards of guardians in respeot of breaches by paupers and others of regulations under the Poor Low (Ireland) Acts. These complujats were made in the name of the particular board of guardians, and the point was made, on behalf of the solicitors as a profession, that on tbe bearing the complainants could not be represented by an official, but must be represented professionally. Recently, however (on the advice, it is understood, of 'tho Local Government Board), proceedings have been instituted under these regulations in tbe name of an official of the board of guardians, and it is contended that there is nothing to prevent such an official appearing on the hearing on his own behalf aod conducting the case. The solicitors, however, contend that these proceedings are really proceedings on behalf of the board of guardians, and that the official'o Dame is used as complainant merely for the parpose of evading the professional rule. In one case the magistrates ret used to allow the official in question to conduct the case on his own behalf, and the poiot is about to be fought out in the King's Bench Division on an application for mandamus.
The recent case of Rex (Matthews) v. McCourt in the King's Beneb Division involved the construction of seots. 6 and 38 of the Corrupt and Illegal Practices Act 1883. At the recent Nortb Louth election petition, the judges declared the election of the respondent void and found a number of persons guilty of corrupt practices, including Mr. James McCourt. The latter genileman was reported by the court as having been guilty of such corrupt practices, and the report roached the Speaker of the House of Commons on the 1st March and was read. in the House. On the 2nd Maroh Mr. McCourt, wbo was a borough magistrate in Dandalk, took part in certain proceedings at the borough court in which a man called Matthews was fined. It was argued on an application for a writ of certiorari that the conviction was void, Mr. McCourt having been reported by the election judges. Seot. 6 (3) provides that any person who is convicted on indictment of any corrupt practice shall be inca pable during a period of seven years of holding any public or judicial office, and it be boldo any such office the office shall be vacated. Sect. 38 (5) of the same Act provides that every person who is reported by an election judge to have been guilty of any corrupt or illegal practices shall be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to bave been guilty. Sect. 38 6) provides that when a justice of the peace is reported to have been guilty of any corrupt practice, it is the duty of the Director of Publio Prosecutiups to report the case to the Lord Chancellor. Mr. Justice Kenny held that althougb sect. 38 (6) enables the Lord Chancellor to remove tbe offenders' names from the commission of the peace if he so thinks fit, sect. 6 (3) and sect. 38 (5) in effect provided that as soon as the report was made the office was vacated. The result of this decision was that as Mr. McCourt was incapable of acting as a magistrate on the 2nd March, bis adjudication was void.
In the case of McGeown v. Workman, Clarke, and Co. Limited, which came before the Court of Appeal on the 24th ult., the question was discu:sed whether rule 39 of the Workmen's Compensation Act
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COMMENTS ON CASES.
The case of Wilson v. Amalgamated Society of Engineers (noted post,
MISCELLANEOUS PRECEDENTS (continued). p. 9) extends still farther the existing law relating to trade union
Agreement for Surrender of Lease and for granting a new Lease for funds. The oase arose out of the well-known decision that it was illegal for that society to apply its funds or to make a levy for the
MEMORANDUM OF AGREEMENT made the payment of members of Parliament or for other parposes of a like
1911 nature, and to this standard all trade unions registered under the
BETWEEN A. B. of
in the county of (hereinafter
referred to as Acts have to conform. In the case before Mr. Justice Parker the society
“the lessor” which expression where the context had sought to get round this decision by so-called voluntary levies,
admits sball include bis_buccessors in title and his and their assigns) and the action was one seeking to restrain the society from 80 doing. Mr.
of the one part and C. D. of in the county of (herein. Justice Parker has held that the rules before him were in effect a com.
after referred to as "the legseo " which expression where the context pulsory levy; instead of subscriptions being requested, levies were
admits eball include his executors administrators and assigns) of the made and members were at tbe same time told that they would be
WHEREAS by an iodenture of lease dated the enforced unless objection was raised. His Lordsbip made a declara.
189 and made between E. F. of the one part and tion that the rules were not binding, and granted an injunction
G. H. of the other part the hereditaments hereinafter agreed to be restraining the society from applying its money for such ultra vires
surrendered by the lessee were with other hereditaments demised to objects and extended it to municipal matters, but not to afairs
the said G. H. for a term of ninety-vine years from the aconnected with boards of guardians.
day of 188 at the yearly rent of a peppercorn if demanded. AND WHEREAS the reversion expectant upon the said term of years ja
now vested in the lessor and the lesgee has cortraoted for the No more striking illustration of the time-honoured maxim Ignorantia
surrender to the lessor of the said term of years in the said
hereditaments hereinafter agreed to be surrendered. AND WHEREAS legis neminem excusat could easily be suggested than that wbicb is
the lessee is desirous of acquiring an extended term in the said lastafforded by the decision of the Court of Appeal in the recent cage mentioned hereditaments for building purposes and of procuring the of oles v. Pascall and Sons (104 L. T. Rep. 298). Incredible as it
widening of the road known as road abutting upon part of may appear, a workman employed in the metropolis was actually in completa ignorance of the existence of the Workmen's Compensation
the said bereditaments in order to render the same suitable for
building frontages. Act 1906 (6 Edw. 7, c. 58). He was injured by an "accident arising
Now THESE PRESENTS out of and in the course of” his employment. But be did not give
WITNESS that it is hereby agreed and
declared between and by the parties bereto as follows that is to his employers any notice of the accident, nor make any claim against
Bay:them for compensation, within the periods required by sub-sect. 1 of sect. 2 of the Act, in consequence of such ignorance. It was not until
1. The lessee will make or procure to be made and the lessor will he became acquainted with the rights which are conferred by that Act,
accept a surrender of the pieces of land and bereditaments delineated having been informed of them while attending at a hospital, that he
and coloured respectively
upon the plan annexed attempted to repair his omission. By that sub-section (read briefly)
to these presents and of the term of years therein granted by the
said indenture of lease. it is provided that proceedings for the recovery of compensation shall not be maintainable unless notice of the aocident has been given as 2. Immediately upon such surrender being made the lessor will soon as practicable after the bappening thereof, and unless the claim execute a lease to the legsee of the said pieces of land coloured for compensation has been made within six months from the occurrence
upon the said plan and the lessee will execute of the accident. There are, however, two important provisos to the a counterpart thereof such lease to be for the term of ninety.nine years sub-section : (a) Want of notice is not a bar to the maintenance of from the
190 at the rent for the first such proceedings if it is found that the employer is not thereby pre years of a peppercorn if demanded and thereafter at the yearly rent judiced in bis defence, or that such want was occasioned by mistake of £x and to be in form of the draft which has already been pre
or other reasonable cause”; and (b) the failure to make a pared and agreed and is identified by the signatures of the parties claim within the period specified is not a bar if it is found that the appended thereto with such modifications if any as may be made necesfailure was “occasioned by mistake
or other reasonable sary by the deaths of parties and other intervening events and the legsor cause." As to the first neglect of the workman-1.1., giving no notice will at the same or any subsequent time at the request of the lessee of the accident-the learned judge disposed of it by finding that the execute such conveyance dedication or grant of the said pieces of employers were not prejudiced in their defence, having regard to the land coloured upon the said plan as the lessee or the local facts of the case and the pature of the injury from which the workman authority shall reasonably require for the purpose of enabling the suffered. As to the latter-1.0., the failure to make a claim within same to become part of the public highway and will in the meantime tbe period specified—His Honour was of opinion that ignorance of permit all necessary work to be executed thereon for effeoting the the existence of the Act was sufficient to rinder the second proviso same purpose. to the sub-section applicable. It appeared to him doubtful whether
3. The lessee shall indemnify and keep indemnified the lessor and such ignorance could be said to be a mistake of law; 'but whetber
the reversion of the lands adjoining the said pieces of land coloured regarded as a mistake of law or of fact, he was of opinion that it was a
against all costs charges and expenses claims and demands “reasonable cause" for the workman's failure to comply with the
whatsoever in respect of the making up construction maintenance or statutory requirement. That decision seems at first sight so much
repair of the said highway or the footways thereof or the drains or in accordance with the spirit of the Act that it is not unnatural there
sewers thereunder or the taking over thereof by the public authority should be some hesitation in accepting its reversal by the Court of or otherwise relating thereto until the whole of fucb bigh way Appeal as justifiable. On such a point one would perbaps have (including the said strips of land to be added thereto) shall have been expected the second provigo to the sub-section-ambiguous in its effectually adopted as a public thoroughfare. terms as it is--to be construed somewhat in favour of the workman.
4. The lessee shall within ten days from the date hereof deliver or As was very cogently put by the learned County Court judge, &
send by post to the lessor or his solicitors an abstract nf title to the “mistuke of law presupposes on the part of the person making it the knowledge of the existence of some legal right with regard to which
said hereditamente commencing with the eaid indenture of lease of
the be forms an erroneous opinion." The workman in the present
189 and any requisitions or objections case dever knew, until it was too late, that he possessed any right to
arising on sucb abstract shall be sent witbin ten days after delivery make a claim for compensation against his employers. But even if
of the abstract and any further requisitions arising upon the lessee's it were a mistake of law, the expression “other reasonable cause
replies to such requisitions and objections shall be sent within seven
days after the delivery of such replies and any objections or in such a connection might well be supposed to be quite wide enough to include & failure to make a claim of the kind because of the
requisiti ins or further objections or requisitions not 80 sent shall be workman being, altogethər unaware of any right in him to do so.
considered as waived and at the expiration of the periods aforesaid The learned judges of the Court of Appeal, however, unanimously
the title shall be deemed to have been accepted by the lessor came to a contrary conclusion. “ Mistake," said the Master of the
subject only to any objections or requisitions or further requisitions Rolls (Cozens. Hardy), “means that a man takes a wrong view as to
or objections so sent. the construction or effect of an Act of Parliment, if it be a mistake
5. The draft surrender shall be left with the lessee's solicitors for of law.
Mistake is not ideotical with ignorance.” And his approval within days after the lessor shall have accepted or Lordsbip was clearly of opinion t at ignorance of the existence of be deemed to have accepted the lessee's title and the engrossment the Act of 1906 did not come within the words “other reasonable thereof and also of the said lease and counterpart shall be left with cause.” The learned judge thought that those words were intended the lessee's solicitors for examination and execution within to meet an entirely different class of case, of which he gave an days after the approval of such draft. instance, and the same was supplemented by others mentioned by 6. The said surrender shall be completed and the said leage Lord Justice Buckley. The view expreseed by Lord Justice Fletcher and counterpart thereof exchanged at the office of the lessor's Moulton was equally to the point : " If ignorance,” said his Lord. solicitors
as practicable after the lessee shall have ship, "of the existence of an Act or its consequences is to be a proved bis title to the satisfaction of the lessor's solicitors reasonable cause for failing to comply with the obligations which and in any event not later than the day of
190 the Act puts upon those who make claim for compensation, it would and if through the lessee's default the game shall not have been be just a good as repealing that part of the Act in some circum. respectively completed and exchanged on or before the said day stances.” This is a point that does not appear to have arisen in of
19 or such later day as the lessor shall allow it shall be any previous case, that of Bramley y. Evans (3 Butterworth W. C. C.
lawful for the lessor by notice in writing delivered to the lessee to 34), although cited not being rea lg ap authority wbich dealt with determine this Agreement and in such case these presents and it. And after the present decision it certainly oan never be again everything herein contained shall be null and void except clause 17 taken advantage of in the County Courts.
hereof. Upon the completion of the surrender a memorandum thereof
15. The lessee shall in building the said mesguages and executing the other works berein mentioned comply in all respects with any and every Act of Parliament and any and every local by-law and regulation for the time being in force relatiog to any such matter and execute and do all works and things required by and pay and indemnify the lessor against all penalties claims and expenses to be ipourred or made by or against either the lessor or the lessee under the provisions of any sucb Act regulation and by.law.
16. The lessee eball ingure and keep insured every messgage to be erected as aforesaid and the appartenances when suffic ently advanced to require the same in the sum of £ at the least in the names of the lessor and the lessee with liberty to add the name of any underlessee or mortgagee in some substantial insurance office in London or Westmioster to be approved in writing by the lessor and shall upon demand produce to the lessor or his agent the current policy and receipt for every premium in respect of such insurance.
17. The lessee will on taking up the said lease pay to the lessor's solicitors the sum of £ as an agreed gum for the costs payable by him of the negotiation preparation and execution of tbis agree. ment and of the lease berein before referred to (including the costs of investigating and approving the lessee's title and of the preparation execution and registration of the said surrender) and the lessee will in addition pay the whole of the stamp duties on the said surrender lease and counterpart.
18. As the lessor is a broad the aforesaid surrender and lease and any other deed which may be required to be executed by the bessor under or in pursuance of these presents will be executed by attorney and the lessee shall be satisfied with such execution and sball ansame that the power is sufficient and valid and subsisting without requiring any evidence that the lessor is alive or otherwise.
19. Any and every dispute difference or question wbioh may at any time arise between the leesi I and the legace to wohing the coostruotion meaning or effect of these presents or any clauso or thing berein contained or the rights or liabilities of the les-or or the lessee hereunder shall be referred to the arbitration of two persons one to be appointed by each party to the reference or their umpire and this shall be deemed a submission to arbitration within the Arbitration Act 1889 or any statutory modification or re-enactment thereof for the time being in force the provisions whereof shall apply so far as applicable. IN WITNESS &c.
shall be indorsed upon the said lease of the
day of 189.
7. The ler see sball sorthwith after the execution of the said leace at bis own sole expense construct and make two roads on the sites respectively coloured on the said plan and running from
road to road with proper foot ways and witb proper gewers thereunder in accordance with plans and specifications already approved by the local authority and in all respects to the satisłaction of the said local authority and the lessee shall at the like expenso maintain and keep in repair the said roads footwayo and sewers until the same shall be taken over by the local authority and sball indempily the lessor against all costs charges and expenses claims and demands in respect of the said roade footways and sewers or any of them. The more northerly of the said roads with the footways and sewers thereof shall be completed within one year from the date of these presents and shall be called road and the more southerly of the said roads with the footways and gewers thereof eball be completed within two years after the date of these presents and shall be called
road. 8. The lessee shall at his own cost erect cover in and complete fit for habitation or procure so to be upon the pieces of land coloured upon the said plan in a good and substantial mapper with best work. manship and with good sound new materials of every description in accordance with plans drawings elevations and specifications to be prepared by and at the expense of the lessee and to be approved of by the eurveyor of the lessor at the like expense not less than messuages or houses witb proper and suitable offices and outbuildings vaults areas drains and fences each such mesguage or house to be built on or within one of the sites delipeated upon the said plan and numbered thereon consecutively from 1 to inclusive or accurding to such other reasonable system of plo:ting as the lessee may desire.
9. The said messuages shall be erected and covered in and com. pletely finished and ready for babitation within the times following that is to say fifteen ovoh messuages within two years from the date of these presents fifteen other such messuages within three years from the date of these parents ifteen other such messuages within three years and calendar months from the date of these presents twelve other such messuages within
years from the date of these presents twenty.three other such messuages within
years from the date of these presents twenty other such messua ges within years from the date of these presents and ten other such meesuoges (to be erected respectively on of the sites numbered ali inclusive upon the said plan at the option of the lessee) within
road where it abuts upon the land hereby agreed to be demised shall have been made up by the local authority as part of the public highway as aforesaid. All the said messba ges shall be roofed and covered in not less tban
calendar months before tbe date at which they ought in pursuance of this clause to be finished fit for habitation. PROVIDED that in case the lessee shall desire to alter the system of plotting as laid down on the said plan and sball with a smaller number of houses cover within the times above respectively limited spaces equal in area to the area of the numbers of plote above respectively mentioned he shall be at liberty to alter the said plotting accordingly and the building in accordance with such altered system shall be aocepted as a duo per. formance of the covenant for building herein before contained. PROVIDED that wbenever the number of houses in any area is reduced in pursuance of this last proviso the minimum cost of eacb house stipulated for by the next following clause shall be iocreased pro ra'a.
10. The legsee or his builder or sublessee shall expend on the erection of each messuage the sum of £
at the least in labour and materials.
ll. The messoages shall be dwelling-bouses only except the mensua ges to be erected fronting or abutting on road wbich may be either dwelling-houses or shnps.
12. The lessee will not at any time during the term hereby agreed to be granted erect or build or permit to be erected or built upon any part of the said lands hereby agreed to be demised any messuage building or erection not conformable to the plans and elevations previously approved by the surveyor por make any alterations in the external elevation of the said messuages hereby agreed to be erected without the previous consent in writing of the lessor or the surveyor.
13. The lessee shall not during the progress of the works or after. wards burn bricks or cement or clay except for the purpose of making ballast to be used on the lands hereby agreed to be demised or allow any nuisance on the said lands or any part thereof and no messnage to be erected as aforesaid shall be used for any noisy noxious or offensive trade or business and nothing shall be done on any part of the raid premises or any building thereon wbich may be a nuisance or annoyance to the lessor or his tenants or the neigb bourhood and no excavation shall be made except for the purposes of making roads laying drains or sewers or for foundations for the said messuages or for obtaining sand or gravel to be used only on the estate.
14 The lessor and the eurveyor may at all reasonable times in the daytime enter upon the said 'premises or any part thereof to view and survey the works hereby agreed to be executed and the materials therein used and such surveyor shall be paid by the lessee the sum of £ for every block of or any less number of houses on giving his certificate of the completion thereof and such sum of £ so paid by the lessee shall cover all gums payable by the lessee for approval of plans drawings elevations and specifications in respect of such block of clause 8 hereof.
or any legs number of houses as aforesaid under
In Appeal Court II. interlocutory appeals from the Chancery Division will be taken to-day (Saturday).
Mr. Justice Warrington will sit as an additional judge of the King's Bench Division and continue non-jury actions on Tuesday, Wednesday, apd Thursday of next week.
The Special Paper will be taken on Tuesday next.
Mr. Justice Bray will take the case of Martin and another v. Buckworth (non.jury) on Monday next
Appeals from County Courts will be heard by'a Divisional Court, sitting in Bankruptcy, on Monday next and following days.
Mr. Justice Horridge opened the commission at Leeds, on the North-Eastern Circuit, last Monday. When the business at this town is foished he will return to London aod remain until the end of the present eittings.
Mr. Justice Bankes and Mr. Justice Avory opened the commiesion at Mancbester, on the Northern Circuit, last Wednesday. When the business at this 10wn is finisbed they will return to London and remain until the end of the present sittings.
Mr. Justice Channell and Mr. Justice Bucknill will proceed with the trial of the Nottingham election petition on Monday next.
The judges have revised the dates for the hearing of the remaining election petitions. The sittinge at East Nottingham will open on Monday next, at Hull on the 23rd inst., and in North-West Ham.on the 13th June,
During the whole of the next sittings the following judges of the King's Bench Division will remain in London--viz., the Lord Chief Justice, Mr. Justice Darliog, Mr. Justice A. T. Lawrence, and Mr. Justice Hamilton.
Mr. Justice Phillimore and Mr Justico Avory have appointed the following commission days for holding the summer aseizes on the South-Eastern Cirouit-viz : Huntingdon, Monday, May 22; Cambridge, Thursday, Muy 25 (civil business not before Saturday, May 27); Bury, Tuesday, May 30 (civil business not before Thursday. June 1); Norwich, Monday, June 5 (civil busiuege not before Thursday, June 8); Chelmsford, Monday, June 12 (civil businees not before Thursday, June 15); Hertford, Saturday, June 24 (civil business not before Tuesday, June 27); Lowes. Thursday, June 29 (civil business not before Monday, July 3); Maidstone, Satarday, July 8 (civil business not before Wednesday, July 12); and Guildford, Monday, July 17 (civil business pot before Thursday, July 20). Mr. Justice Avory will go the first part of the cirouit, comm icing at Huntingdon and finiebing at Chelmsford. Mr. Justice Phillimore will go the second part, commencing at Hertford and finishing at Guildford.
Mr. Justice Pickford bas Gized the followiog commission days for the euing summer absizes on the Midland Circuit, viz. : Aylesbury, Monday, May 29; Bedford, Thursday, June 1; Northampton, Mon. day, June 5; Leicester, Friday, June 9; Oakham, Friday, June 16 ; Lincoln, Saturday, June 17; Derby, Wednesday, June 28; and Nottingham, ITednesday, July 5. At Nottingham Mr. Justice Pickford will be joined by Mr. Justice Ridley, and at the conclusion of the business at this town Mr. Justice Pickford will return to London and will remain until the commencement of the Long Vacation. Mr. Justice Ridley will continue the circuit, going on to Warwick and Birmingham, but the commission days for these towns have pot yet been fixed. At Birmingham Mr. Justice Ridley will be joined by Mr. Justice Bray.
Mr. Justice Bankes has fixed the following commission days for the eneuing summer assizes on the North Wales Cirouit--viz. : Newtown, Wednesday, May 24 ; Dolgelly, Friday, May 26; Carnarvon, Monday, May 29; Beaumaris, Friday, June 2; Ruthin, Tuesday, June 6; and Mold, Friday, June 9. At the conclusion of the business at Mold Mr. Justice Bankes will return to London, afterwards going back for the second part of the circuit at Chester. The commission day for this town has not yet been fixed.
The intermediate session for cases arising in the county of Middlesex will commence to-day (Saturday), at the Guildhall, Westminster, at ten o'clock. · The May Sittings at the Mayor's Court will commence on Monday next, the 8th inst., at 10.30.
The May General Session for cases arising on the north and south sides of the Thames will commence on Tuesday next, the 9th inst., at the Sessions-bouse, Newington, at 10.30.
Wednesday next will be the “Call Night” of Easter Term at the Four Inns of Court.
The London Solicitors' Golfing Society beat the London Surveyors' Golfing Society at Hanger Hill on Wednesday by six matches to two.
The Bar golf tournament has been fixed to take place on the links of the Prince's Club, Sandwich, on Tuesday, the 6th June, and following days.
Lord Haldane will preside at the annual meeting of the Social Welfare Association for London, to be held in the Great Hall, Salisbary House, on Friday at 3 p.m.
The Union Society of London will hold their annual dinner at the Waldorf Hotel on Wednesday, the 17th inst., at 7.30. Sir Samuel Evans will be the guest of the evening.
Mr. G. J. Widdicombe (the Clerk of the Rules and Orders in the Divorce Court), while on his way to the courts last Wednesday, met with a serious accident by falling between a train and the platform at Farringdon-street Station.
Mr. Edmund Carlyon, a Cornish solicitor, has resigned the appoint. ment of registrar of St. Austell County Court, held by him since 1846. * Mr. Carlyon has practised as a solicitor since 1841 and is ninety-two years old.
The Incorporated Inps of Court Mission will hold their annual geveral meeting of supporters at the institute of the miseion, 44, Drury.lane, on Wednesday, the 17th inst., at 4.30. The meeting will be presided over by the Earl of Halsbury, and Mr. Justice Darling will address the supporters.
Sir Samuel Evans will preside at the annual dinner of the Law Students' Debating Society, wbich will be beld at the Waldorf Hotel on Tuesday, the 16th inst., at 7.15 p.m. Many distioguished gentlemen have promised to attend. An attractive musical programme has been arranged.
An International Congress on Juvenile Courts is to be held in Paris, from the 29th June to the 18tJuly. Mr. Courtenay Lord, a vicepresident of the Penal Reform League, is a member of the Comité d'Honneur Internationale. The International Congress of Criminal Anthropology is to be beld in Cologne from the 9th to the 13th Oot.
Mr. Alexander Macbardy, Chief Constable of Inverness-shire, died on Sunday aged seventy.two. He was the oldest police officer in Scotland, and had been a chief constable for forty-five years. At the time of bis death ho beld the office of president of the Chief Con. stables' Club. Mr. Macbardy was a member of the Victorian Order.
The current number of the Penal Reform League Monthly Record contains a most interesting account of a visit by the hon, secretary, Captain Arthur St. John, to the Liverpool prison, courts, &c. His address is 7, Holly Village, Highgate, and the league is well worthy of support.
The Solicitors' Benevolent Association will hold their fifty-first anniversary festival on Wednesday, the 17th inst., at 7.30 p.m., at the Law Society's Hall, Chancery-lane, Mr. Henry J. Johnson, the president of the Law Society, taking the chair. The secretary will be happy to hear from members of the solicitor branch of the Profession who may desire to add their names to the list of stewards.
The thirty-eighth annual edition of the Insurance Blue Book and Guide is published by Daw barn and Ward L mited. A large part of the work is devoted to the annual statement of insurance companies of all olasses, and these are rendered in a plain debtor and creditor form with balance-eheet appended, so that the veriest tyro can gain at a glance a tolerable idea of the institution concerned. The premiums of the life offices are included, together with the results of their periodical valuations. An exhaustive insurance directory is given, and a coneiderable section devoted to insurance law. As far as p ssible the work is presented in a non-technical style, and it is published at the popular price of 2s.
Mr. J. E. Sly, the bigh bailiff of the City of London Court, died recently aged seventy-two Mr. Sly was for many years an energetic member of the Court of Common Counoil, fand was appointed as the high bailiff of the City of London Court in 1893. His Honour Judge Rentoul paid a high tribute to Mr. Sly's memory on the 28th ult.
Sir David Harrel concluded the hearing at the Law Society's Hall, Chancery-lane, on the 28th ult. of the evidence in connection with the arbitration proceedings between Messrs. Houlder Brothers and the Shipping Federation against the Newport Corporation with reference to the strike which occurred at that port last year. Sir Alfred Cripps (for the corporation) addressed the arbitrator and Mr. Bail. hache replied on behalf of Messrs. Houlder Brothers. The result will be made known in due course.
Mr. W. Temple Franks, Comptroller-General of Patents, &c., who has been appointed one of His Majesty's delegates to the International Conference on Industrial Property at Washington, left Liverpool in the Lusitania on the 29th ult. and will not return to London until the 10th June. Sir Alfred Bateman, the other British delegate to the conference, wbich will meet on the 15th May, is also travelling in the Lusitania, acoompanied by Colonel Hughes, C.M.G., technical adviser, and Mr. A. J. Martin, secretary, to the delegates.
During last month eighty-four certificates of naturalisation were granted to aliens by the Home Secretary under the provisions of the Naturalisation Act 1870. Of these aliens thirty are described as coming from Russia, twenty-six from Germany,
six from Austria, three each from Hungary, Italy, and Switzerland; two each from France, Norway, and the United States of America, and one each from Belgium, Denmark, Persia, Rumania, Spain, and Sweden, and one alien is described as being a subject of no foreiga State.
In both the April and May numbers of the Burlington Magazine the editor deals with the question of the passing of Rombrant's · Mill ” into another country. “The criticism of the attitude of certain Royal Academicians towards the matter seems to be fully justified. There are many interesting articles in both numbers, the discussions on the Anzio statue and on the Phaistos disk being continued in that for April. In the May number some very fine coloured illustrations are given to a translation from the Spanish on notes on a Rediscovered School of Romanesque Freecoes in Catalonia. Mrs. Hungerford Pollen's article on early design in lace is also illustrated. duction of some of Piranesi's Carceri, or dream pictures, is also exceedingly interesting. Mr. A. M Hind writes about them. Mr. Henry Nowton Veitch writes on Sheffield Plate, the Period of device marns; Mr. George M. Simonson on a Newly-discovered Guardi; and, as usual, there are notes on various works of art.
“ General" Booth visited Nottingham, of which city be is a native and one of the Freemen, on Tuesday, to open a new Salvation Army ebelter, affording accommodation to 160 men. The Duke of Portland, who presided, declared that very few people in the world could look back on the accomplishment of so much practical philanthropy as •General" Booth. 'The whole world owed bim a debt of gratitude. "General" Booth in the course of an address referred to bis recent vieit to Dartmoor, and expressed the belief that there was a great moral awakening coming over the criminal classes. He advocated the adoption of indeterminate sontences, so that criminals who gave proof of a desire to lead respectable lives might have the duration of their punishment fixed by an independent committee ; but' where it was found that a man had no wish or intention to become bonest, then society should deprive bim of his liberty for ever. Referring to his failing eyesight, he said that his doctors would not at present hear of an operation for the removal of the cataract from his remaining eye. Under more favourable conditions the impediment might be removed, and he might then hope to be a young man again, Captain J. A. Morrison, M.P., who also spoke, gave a donation of £100 towards the cost of the shelter.
The Lord Chief Justice replied to the toast of the House of Lords at tbe annual dinner of the London Chamber of Commerce, held on the 28th ult. in the Hotel Cecil, Lord Deslorough presiding. Lord Alverstone said that he was not very depressed in referring to the House of Lords. He was not going to compare himself to a Bwan, and he was not going to sing his last song. Even in that strictly non-political gathering be would be quite willing to leave the fate of the House of Lords to them. As he was not one of those who sat in the Lords by any hereditary right, but because he had some little good fortune in his profession, he could say that he seldom heard a debate in that Chamber without feeling that it would be a great loss to the country if there was not the opportunity of an impartial discussion on important matters such as it a fforded. He would be the last person to uoderrate the House of Commons, but, speaking in justice to the House of Lords, he remembered a distinguished statesman's saying to him many years ago that if they heard two days' debate in the House of Lords they beard everything, whereas the same thing took a fortnight or longer in the House of Commons. It was said that they were going to disappear. He had no anxiety in the matter, for he believed the Government were going to suggest that, whoever did or did not form a member of the Seoond Chamber, the Lord Chief Justice should be allowed to have
& beat there. Threatened men lived long, and although these were anxious times, he did not believe that this country was prepared to be governed by a Single Chamber. Not only at the next banquet but for many years to come somebody would be found to reply to that toast on behalf of the House of Lords, and whatever new Assembly thero might be-if it were new--he trusted that it would deserve as well of this country as the present House of Lords.
The fifty-third annual report of His Majesty's Inspector of Constabulary for Scotland (Major A. G. Ferguson) for the past year states that there are thirty.one county and thirty-two city and burgh police forces in Scotland, excluding Orkney and Shetland, which are outside the Act of 1857. The authorised strength is 5616 of all ranks and grades, showing an increase of numbers of ten since the last report. The counties, with an estimated population of 2,373,848, are watched by 2009 constables, all ranks included ; the cities and burghs, with 2,432,491 inbabitants, by 3607. Major Ferguson again calls attention to the large number of tramp3, vagrants, and professional beggars in Scotland. In June 1910 there were 9747 vagranto, of whom 1458 were cbildren, and the number of convictions for begging reached 2391, an increase of eighty-one over 1909. The report draws attention to the damage caused by beggars by fires, and to the fact that they may be a ready means of spreading small-pos and other infectious diseases. Major Ferguson advocates a scheme of labour colonies for the adults, with industrial schools for the children. He thinks the cost would not be great, especially in view of the great expense now incurred in prosecuting, escorting, and maintaining in prison offenders of these classes.
A writer in the Gaulois propnunds the question, Where is it that one would desire to dwell ? And he scornfully answers, Where, but in prison, indeed ! In the French prisons we are told the inmates pot only eat well, but they are enabled to drink while they eat. The writer then makes extraots from recent returns of gaol commissariat. Ho passes over without comment tbe 975,000 kilos of four (a kilogramme being 2 lb.), 14,000 kilos of various kinds of meats, 225 kilos of potatoes, 60 000 kilos of baricot beana, but tben ho proceeds: “ What think you of 84.000 tablets of chocolate, 16,000 red herrings, 100,000 sardines, 17,000 kilos of butter, 3000 kilos of coffee, 85,000 new laid eggs, 50,000 kilos of Bologna sausage, 2000 cbeoses of various kinds, 200 kilos of oara mels, and 2000 kilos of other sweetmeata ?”
The writer tbjoks that a prisoner when his time expires will naturally want to stay on if it were ouly for thefoaramels and other sweetmeats. “Yes,” he says, “we do all we can to make the prisoner's sojourn agreeable and to attract him back. In Eugland, on the other hand, le chat à neuf queues and the hard labour have a salutary tercor. The (English) gaolers do not often see their clients return. But with us a bonhomme who passes his time in the shade, gorged with tablets of chocolate, with sardines, cheeses of various kinds, things are different. If perchance he has a desire to return for good, he will exert himself very little to provide for himself. The taste for new laid eggs and Bologna sausage will be too strong for him, and he will steal a loaf, knowing well that he will be enabled to eat it with butter."
The Institut de Droit International held its appual session at Madrid last montb, says the Times correspondent. It will be remembered that the lostitute, founded in 1873, is an academy consisting of members and associates of acknowledged competence in their subject, carefully recruited in definite proportions from the chief countries of the world. The questions which it selects for discussion are examined, during the intervals between the sessions, by special committees ; and it is upon the reports and drafts of these committees that the debates of tbe Instituts take place, resulting eventually in the adoption of bodies of rules, which in many cases have inspired the conclusions arrived at by diplomatic conferences. The proceedings of the Institute are recorded in its “Annuaire,” the twenty-fourth volume of which will shortly make its appearance. The Spanish Government a year ago invited the Institute to meet at Madrid in 1911; and no fewer than forty-five members and 1990ciates have accordingly assembled in a locality which, for most of them, involved a longer journey than usual. The inaugural meeting, attended by the Ministers and Corps Diplomatique in uniform, took place in the afternoon at the Royal Academy of Jurisprudence, when the Institute was welcomed by the Minister for Foreign Affairs. All the subsequent meetings were beld at the Foreign Office (Ministero d Estado), and so diligently were they attended that, on the oily holiday taken, for a collective visit to Toledo, work was resumed at 10 p.m. and continued till past midnight. Sis topics, upon which the committees had completed their preparatory laboure, figured in the ordre du jour of the session ; but it was found possible to deal with only four of them.
At a public meeting in support of the Daylight Saving Bill beld on Wednesday at the Guildball, the Lord Mayor (Sir T. Vezey Strong) presiding, the Home Secretary moved the following resolution : * That the passing of the Daylight Saving Bill would conduce to the physical, mental, moral, and financial welfare of the pation, and that it is deserviog of the support of all classes of the community. He said that since the Bill was first brought to the notice of Parliament four years ago the progress of the idea had been one of continuous conquest. It was supported by forty-six Chambers of Commerce, 170 city corporations and town councils, 265 Members of Parliament, thirty-nine trade unions, and 338 other societies, clubs, and associations. It was impossible for individuals to alter their bours of business and life apart from the general movement of the society in which they lived without great inconvenience and difficulty, but the fact that so many firme, ortices, and households bad made this change individually and independently in spite of those difficulties and inconveniences was only one of the proofs of the need that was felt for the change and of the advantages which resulted from it. They were told that the agricultural interests of the country were opposed to the measure, but the agricultural community already lived their lives in very close harmony with the natural hours of daylight, and they already enjoyed the benefits which it was sought to secure for the great body of dwellers in the towns. In Cape Colony daylight eaving had been
adopted with undisputed suocess, and in France the other day an alteration was made which changed to an appreciable extent the hours of the whole of that country at a stroke without the slightest inconvenience or apprehension being excited in any part of the country. If they all changed the clocks together they would none of them be conscious that anyone had changed at all, except that the daylight hours of the afternoon and evening would be pleasantly and unexpectedly prolonged. Under the Bill 154 hours more day light would be secored for the whole people of these islands, and to the vast majority of those persons those 154 hours more daylight would be daylight leisure. It would involve an obvious saving of artificial illuminants, increased safety to railway men, reduced strain on the eyes of those engaged in fine work, an advantage to temperance, to the national health and physique and to the Territorial Force. Sir Joho Binghum seconded the resolution, which was carried unanimously. A resolution asking the Government to give facilities for the Bill was proposed by Sir Henry Norman, seconded by Mr. Stanley Machin, and carried.
A point of much importance to companies and firms was raised in the City of London Court, on the 2nd inst., before His Honour Judge Rentoul, K C., in which Kelvio and James White Limited, and Hutton, 11, Billiter-street, E C., sued Henry Hughes and Son, Limited, marine opticians, 59, Fenchurch-street, E.C, for £18 49., balance of £164, for goods supplied. Mr. Ceoil Walsh, who appeared for the plaintiffs, said that Kelvin and James White Limited and Mr. Hutton were in partnership in London; and Kelvin and James White Limited carried on an entirely independent business in Glasgow. The London house bad an English agency for Kelvin's compasses. Plaintiffs bad supplied the defendants with goods to the amount of £161, and now demanded the balance due. Mr. Simper, defendants' counsel, said that the defendants had an enquiry from Commander Faught, of the Turkish navy, for some of Kelvin's compasses. Plaintiffs' Glasgow house promised to give defendants 5 per cent. commission, and as goods to the amount of £364 had been sold to Turkey, plaintiffs should deduct the defendants' commission. Mr. Walsh said the plaintiffs had nothing to do with the Glasgow business. Mr. Hutton, one of the plaintiffs, gave evidence that he and Kelvin and James White Limited were in partnership in London. Kelvin and James Wbite Limited consisted of about twonty-five shareholders. Mr. Simner said that being so the plaintiffs were an illegal corporation, as po trading corporation of over twenty could trade with a separate individual, unless they were all registered, and they were not. Judge Rentoul, K.C. : Cannot a limited company be
& partner with a single individual ? Mr. Simner : Certainly not. Such a dispute had never been raised before. A partnersbip could not be established as the plaintiffs were trying to do. Judge Rentoul said he had never heard of it being done. Mr. Simner said it Kelvin and James White Limited could trade in partnership with Hutton, then any number of companies might combine and trade together. That would be a monstrous state of thiogg. An illegal association could not recover debts. The absence of registration made it an illegal association, Mr. Walsh did not know any objection to a limited company joining in a partnership. The plaintiff partnership was oomposed of two persons. The point was very important to companies and firms. A limited company had been held to be one person on many occasions. Sir Francis Palmer the well known company authority in his book on “ Precedents included a clause providing for a limited ia bility company going into partnership with any other person or any other firm. Lord Justico Buckley had said ió his book : “. Person includes a body oor porate. A limited company may become a shareholder in another company." Mr. Simner said that tho plaintiffs were not a limited company. They were a partnersbip. The court was opening the door to a very great evil. Mr. Hutton admitted that the plaintiffs and the Glasgow house had the same telephonic and telegrapbic address; but that merely for convenience. Judge Rentoul said that he would find for the plaintiffs with costs on the claim_as well as on the counterclaim. In his view James Kelvin and White Limited, combining in partnership with Mr. Hutton was perfectly justifiable, altbough he had never heard of the point arising before. He gave the defendants leave to appeal. If they appealed they would pay costs on the higher scale because of the importance of the matter.
NOTES OF RECENT DECISIONS NOT
HOUSE OB LORDS. Railway--Mines and Minerals—Fireclay_Railways Clauses Consolida.
tion (Scotland) Act 1845 (8 & 9 Vict. c. 33), 8. 70.---Fireclay lying in seams at a depth varyiog from coft. to 140ft. below the surfaco, not forming the subsoil of the place in question, worked by underground mining, and used for making goods of a high grade capable of resisting great beat, held to be a "mineral ” within the exception in sect. 70 of the Railways Clauses Consolidation (Scotland) Act 1815. Judgment of the First Division of the Court of Session ia Sootland (1910, Sess Cas. 951 ; 47 So. Law Rep. 823) affirmed.
(Caledonian Railway Company v. Glenboig Union Fireclay Company.
H. of L. April 28 --Counsel : J. Avon Clyde, K.C. and the Hon. W. Watson ; Scott Dickson, K.C. (Dean of Faculty) and H. P. Macmillan (all of the Scottish Bar). Solicitors : Grahames, Curreys